New Criminal Laws in 2020

• Jurisdiction: California,United States
• Author: By Leif Dautch and Albert Camacho
• Publication year: 2020
• Citation: Vol. 20 No. 1

NEW CRIMINAL LAWS IN 2020

By Leif Dautch^* and Albert Camacho^**

The State Legislature made a number of changes last term that impact criminal law practice in California. Most of those laws went into effect on January 1, 2020. Here are five of the most important changes.

Elimination of One-Year Prison Priors

• Senate Bill 136 (Modifies Penal Code § 667.5)
• Eliminates the one-year enhancement for prior prison terms for all prior convictions other than sexually violent offenses.
• Applies prospectively to future cases and to cases still pending on appeal.

Police Officer's Use of Deadly Force Circumscribed

• Assembly Bill 392 (Modifies Penal Code § 196 and § 835a)
• Changes the "reasonable use of force" standard for peace officers to a "necessary use of force" standard. Now, an officer is justified in using deadly force only when the officer reasonably believes, based upon the totality of circumstances, that it is necessary for either of the following:
• To defend against an imminent threat of death or serious bodily injury to the officer or another person; or
• To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

Felony Conviction No Longer Bar to Jury Service

• Senate Bill 310 (Modifies Code of Civil Procedure § 203)
• A felony conviction is no longer an automatic disqualification for jury service.
• Exceptions:
• If prospective juror is still under post-sentence supervision for a felony.
• If prospective juror is required to register as a sex offender.

Primary Caregiver Diversion

• Senate Bill 394 (Adds Penal Code § 1001.83)
• Courts, prosecutors, and defense counsel may agree to conduct a pretrial diversion program for primary caregivers with proceedings to be suspended for 4-24 months.
• The defendant must be a custodial parent or legal guardian of a child living in the household, providing care/financial support for the child, and his or her absence would be detrimental to the child.
• Defendant cannot pose unreasonable risk to public safety, cannot be diverted for a serious/violent felony, and cannot be charged with offense against the person for whom they are a caregiver.
• Misdemeanors and/or felonies can be diverted subject to above exceptions.

Pitchess Motion Changes

• Assembly Bill 1600 (Modifies Code of Civil Procedure § 1005)
• Pitchess motions can now be...